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| United States v. Cazeau, No. 05-7077,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: Certificate of appealability was denied and defendant's appeal from the denial of a successive 28 U.S.C.S. § 2255 motion was dismissed where he failed to show that reasonable jurists would have found that district court's assessment of his constitutional claims was debatable and that any dispositive procedural rulings were also debatable or wrong.
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| United States v. Hutchinson, No. 05-7214,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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| United States v. Miller, No. 03-4976,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: A defendant convicted of, and sentenced for, distributing cocaine base in violation of 18 U.S.C.S. § 2 and 21 U.S.C.S. § 841(a)(1) was entitled to resentencing where the defendant's sentence violated his U.S. Const. amend. VI rights as his sentence was enhanced beyond the statutory maximum based on a drug quantity not found by a jury.
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| United States v. Morgan, No. 05-7239,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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| United States v. Pomranky, No. 05-4309,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: Admission of officer's testimony, designed to aid jury's understanding of drug business, was not erroneous under Fed. R. Evid. 702, 403 because testimony was relevant to show that drugs and firearm were likely connected and that defendant was involved with drug distribution, and probative value of testimony was not outweighed by unfair prejudice.
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| United States v. Sandoval, No. 05-7209,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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| United States v. Thompson, No. 05-4584,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: A Sixth Amendment challenge to a sentence imposed in a weapons case was dismissed on appeal because defendant entered a valid waiver of his appellate rights in a plea agreement; the limited appellate rights preserved did not include the challenge mounted by defendant.
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| United States v. Ussery, No. 05-7308,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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| United States v. White, No. 05-4739,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, February 1, 2006, Decided
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Overview: District court had sufficient information to sentence defendant as a career offender without engaging in fact-finding that violated the Sixth Amendment where presentence report indicated that defendant had been convicted of two controlled substance offenses, and prior convictions qualified as a "controlled substance offense" under USSG § 4B1.2(b).
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